Thông tư 24/2021/TT-BGTVT

CIRCULAR

PROVIDING FOR MANAGEMENT AND MAINTENANCE OF AERONAUTICAL FACILITIES

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and Law on Amendments to some Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Law on Construction dated June 18, 2014 and Law on Amendments to the Law on Construction dated June 28, 2020;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Government’s Decree No. 12/2017/NĐ-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 44/2018/NĐ-CP dated March 13, 2018 on management, use and operation of aviation infrastructure assets;

Pursuant to the Government’s Decree No. 05/2021/NĐ-CP dated January 25, 2021 on management and operation of airports and aerodromes;

Pursuant to the Government’s Decree No. 06/2021/NĐ-CP dated January 26, 2021 elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works;

At the request of the Director of the Department of Transport Infrastructure and the Director General of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates a Circular providing for management and maintenance of aeronautical facilities.

Chapter I

GENERAL

Article 1. Scope and regulated entities

1. Scope

This Circular provides for management and maintenance of civil aeronautical facilities.

2. Regulated entities

This Circular applies to organizations and individuals involved in management and maintenance of aeronautical facilities within the territory of Vietnam.

Article 2. Definitions

1. “aeronautical facilities” mean any facilities intended for civil aviation activities as stipulated by regulations of law on civil aviation, including:

a) Airport infrastructure specified in Clause 3 Article 3 of the Government’s Decree No. 05/2021/NĐ-CP dated January 25, 2021;

b) Facilities and technical infrastructure for air navigation located beyond the boundary of an airport/aerodrome;

c) Navigation service providers’ infrastructure located beyond the boundary of an airport/aerodrome.

2. “ aeronautical facilities invested in and managed by the State” (hereinafter referred to as “state-invested aeronautical facilities”) mean aviation infrastructure assets invested in and managed by the State within the scope of the Law on Management and Use of Public Property and Government’s Decree No. 44/2018/NĐ-CP dated March 13, 2018 on management, use and operation of aviation infrastructure assets (hereinafter referred to as “the Decree No. 44/2018/NĐ-CP”).

3. “maintenance of an aeronautical facility” means a collection of tasks aimed at ensuring and maintaining the applicability and safety of the facility in compliance with design requirements during the process of using and operating that facility. The maintenance of an aeronautical facility may include one, certain or all of the following activities: examination, monitoring, inspection of quality, care and repair of the aeronautical facility; addition or replacement of items or equipment for the purpose of safe operation and use of aeronautical facility but exclude the activities that change the functions and scale of the aeronautical facility.

4. “aeronautical facility maintenance procedure” means a document providing for the processes, requirements and instructions on maintenance of a aeronautical facility.

5. “inspection of an aeronautical facility” means the observation being conducted visually or using specialized equipment to assess the current condition of the facility in order to promptly detect signs of deterioration of or damage to the facility or equipment installed therein, thereby taking timely corrective actions.

6. “monitoring of an aeronautical facility” means an act of monitoring, measuring and recording any geometrical change, deformation, distortion, transition, and other technical specifications of the facility and its ambient environment over periods of time.

7. “inspection of quality of an aeronautical facility” means the inspection and assessment of quality or causes for damage, value, useful life and other technical specifications of a part of the aeronautical facility or equipment installed therein or aeronautical facility through the monitoring and testing associated with calculation and analysis.

8. “care of an aeronautical facility” means an activity (supervision or repair of minor defects of the facility or equipment installed therein) which is carried out in a regular or periodic manner to sustain normal operational conditions and restrict any possible defect of the facility.

9. “design useful life” of an aeronautical facility means a period of time over which the facility is expected to be used ensuring the satisfaction of requirements concerning its safety and functions. The design useful life is specified in technical regulations and standards applied, and construction engineering plan of the facility.

10. “actual useful life” of an aeronautical facility means a period of time over which the facility is actually used from the date of being put into service, ensuring the satisfaction of requirements concerning its safety and functions.

11. “person managing and using an aeronautical facility” means an owner of the facility if the owner directly manages, uses and operates it or an organization or individual authorized by the owner to manage, use and operate it if the owner does not directly manage, use and operate it or a person managing and using it in accordance with relevant regulations of law.

12. “person assigned to manage, use and operate a state-invested aeronautical facility” means an enterprise, organization or individual assigned to manage, use and operate the state-invested aviation infrastructure asset as prescribed in the Decree No.  44/2018/NĐ-CP.

Article 3. Requirements for management and maintenance of aeronautical facilities

1. After being out into operating and use, aeronautical facilities must be managed, operated and maintained as prescribed. The period of management and maintenance shall begin from the date on which such aeronautical facilities are commissioned and put into operation and use.

2. Aeronautical facilities must be maintained according to the annual maintenance plan and procedure approved by the competent authority; carry out maintenance as prescribed in this Circular and other relevant regulations of law.

3. Aeronautical facilities must be maintained according to technical standards, regulations and economic-technical norms for management and maintenance of aeronautical facilities and corresponding procedures for maintenance of such maintenance approved by the competent authority.

4. Aeronautical facilities must be managed, operated and maintained in a manner that ensures their useful life and safe operation, aviation security and safety; safety of persons and assets, their safety, fire safety and environmental safety.

Article 4. Costs of maintenance of aeronautical facilities

1. Costs of maintenance of aeronautical facilities are specified in Article 35 of the Government’s Decree No. 06/2021/NĐ-CP dated January 26, 2021 elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works (hereinafter referred to as “the Decree No. 06/2021/NĐ-CP”); Circular No. 14/2021/TT-BXD dated September 08, 2021 of the Minister of Construction providing guidelines on determining structure maintenance costs. The management and use of funding for maintenance of aeronautical facilities shall comply with regulations of law corresponding to the capital for maintenance of aeronautical facilities.

2. The estimate of costs of maintenance of aeronautical facilities shall be made according to regulations of law in conformity with technical requirements, requirements for the maintenance tasks to be performed, aeronautical facility maintenance plan, conditions and methods for carrying out maintenance work. For the aeronautical facility maintenance tasks that have yet to be included in the published construction norm set or have been included in the published construction norm set but failed to conform to technical requirements and requirements for tasks to be performed in accordance with regulations of law on management of investment in construction.

3. Costs incurred from maintenance of state-invested aeronautical facilities include:

a) Costs of regular, periodic and irregular inspection of aeronautical facilities;   

b) Costs of care of aeronautical facilities;

c) Costs of regular and irregular repair of aeronautical facilities;

d) Costs of registration and assessment of quality of maintenance support facilities;

dd) Costs of monitoring of aeronautical facilities;

e) Costs of safety assessment of facilities in use;

g) Costs incurred from carrying out maintenance tasks: establishing, verifying or revising maintenance procedures and norms; preparing aeronautical facility maintenance plans; surveying, setting up and verifying projects and estimates of costs of repair and maintenance of aeronautical facilities and other necessary costs of maintenance of aeronautical facilities as prescribed.

Chapter II

MANAGEMENT AND MAINTENANCE OF AERONAUTICAL FACILITIES

Article 5. Costs of maintenance of aeronautical facilities

Steps in maintenance of aeronautical facilities are mentioned in Article 30 of the Decree No. 06/2021/NĐ-CP.

Article 6. Aeronautical facility maintenance procedure

1. Responsibility for establishing aeronautical facility maintenance procedures

a) For newly constructed, renovated and upgraded aeronautical facilities, the responsibility for establishing the maintenance procedures is specified in Clause 2 Article 31 of the Decree No. 06/2021/NĐ-CP;

b) For aeronautical facilities in use for which the maintenance procedures have yet to be established, the owner or person managing and using the facilities shall establish the maintenance procedures specified in Clause 3 Article 31 of the Decree No. 06/2021/NĐ-CP;

c) For the state-invested aeronautical facilities, the persons assigned to manage, use and operate state-invested aeronautical facilities shall establish and submit the maintenance procedures to the Ministry of Transport for approval or approval for modification. Where necessary, an aeronautical facility quality inspection organization may be hired to form a basis for establishing the aeronautical facility maintenance procedures. The remaining useful life of the aeronautical facility, parts, facility items and equipment installed in the facility shall be specified in the maintenance procedures;

d) If there is a technical standard on maintenance or appropriate maintenance procedure, the owner or person managing and using the facility may apply such technical standard or procedure without having to establish a separate procedure.

2. Approval for aeronautical facility maintenance procedures

a) For newly constructed, renovated or upgraded aeronautical facilities in which the Ministry of Transport is the investor: the Ministry of Transport shall approve the procedures for maintenance of facilities of class I and special class according to the Appendix I enclosed with the Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction; for the remaining facilities, the Civil Aviation Authority of Vietnam (hereinafter referred to as “the CAAV”) shall approve procedures for maintenance thereof;

b) For newly constructed, renovated and upgraded aeronautical facilities, the responsibility for establishing the maintenance procedure is specified in Clause 2 Article 31 of the Decree No. 06/2021/NĐ-CP;

c) For the state-invested aeronautical facilities which have been put into to operation and use but for which the maintenance procedures have yet to be established or have been established but need adjusting, the authority specified in Point a Clause 2 of this Article shall approve the maintenance procedures;

d) For aeronautical facilities other than those specified in Point c of this Article which have been put into to operation and use but for which the maintenance procedures have yet to be established or have been established but need adjusting, the owners of or persons managing and using the facilities shall approve the maintenance procedures;

dd) An organization responsible for approving a maintenance procedure may hire a consultancy to verify part or whole of the facility maintenance procedure before granting approval. The cost of hiring the consultancy shall comply with regulations of law on management of quality and maintenance of construction works.

Article 7. Documents serving management and maintenance of aeronautical facilities

1. Documents serving management and maintenance of an aeronautical facility.

a) Decision to approve construction project and construction feasibility study report or economic - technical construction report;

b) Facility construction survey report;

c) Construction drawing documentation certified by the investor (enclosed with a list of drawings) and changes to the design during construction;

d) As-built drawing (enclosed with a list of drawings);

dd) Results of monitoring, inspection of quality of the facility, testing of bearing capacity of the facility structure (if any) during construction, list of equipment, components and reserved materials and other relevant documents;

e) Document concerning management of quality of equipment installed in the facility;

g) Procedures for operation and use of the facility (if any); facility maintenance procedure;

h) Facility incident records (if any);

i) Investor’s record on commissioning of facility items and construction works put into use. Appendix of damage to be repaired (if any);

k) Construction authority’s written approval for commissioning of facility items and construction works (if any);

l) Facility transfer record.

2. Documents serving management and maintenance of state-invested aeronautical facilities

a) The documents mentioned in Clauses 1 and 2 of this Article;

b) Record on transfer and receipt of aviation infrastructure asset, which is made using the form in the Appendix 01 hereof.

3. The investor shall transfer documents serving management and maintenance of aeronautical facilities to the owners of or persons managing and using the facilities before putting them into operation and use.

4. Owners of or persons managing and using the aeronautical facilities investor shall archive documents serving maintenance and promptly provide additional documents in the case of changes to the aeronautical facilities.

Article 8. Monitoring and updating of damage to and deterioration of aeronautical facilities

Responsibilities of owners of or persons managing and using the aeronautical facilities:

1. Carry out regular, periodic and irregular inspections of aeronautical facilities in order to promptly detect signs of deterioration of or damage to facilities or equipment installed therein to form a basis for repair and maintenance and other tasks; assess safety of facilities in accordance with regulations of law on management of quality and maintenance of construction works;

2. Prepare a logbook of quality of and damage to aeronautical facilities under their management to prepare maintenance plans, notify competent authorities and carry out repair of damage to ensure safe operation of aeronautical facilities and smooth air traffic.

Article 9. Contents of maintenance of aeronautical facilities

The maintenance of an aeronautical facility may include one, several or all of the following tasks:

1. Inspection of the aeronautical facility

a) The inspection of the aeronautical facility may be carried out visually or using regular monitoring data (if any) or specialized equipment;

b) Inspection of the aeronautical facility include inspection of its satisfaction of technical standards and regulations and approved maintenance procedures; regular, periodic and irregular inspections of the facility with a view to timely detection of signs of deterioration of or damage to facilities or equipment installed therein, forming a basis for repair and maintenance.

2. Maintenance of the aeronautical facility include the tasks performed according to technical standards on maintenance of aeronautical facilities and maintenance procedure.

3. Repair of the aeronautical facility

a) Periodic repair includes repairing damage to the facility or replacing its parts or equipment installed therein during its operating and use so as to recover or improve technical condition of the facility and ensure normal and safe operation of the facility and facility items;

b) Irregular repair includes repairing damage to the facility or replacing its parts or equipment installed therein due to being under unexpected impacts of a storm, flood, earthquake, collision, fire, incident happening to the aircraft and vehicles operating within the air operations area and other unexpected impacts or when the facility or its parts show signs of deterioration affecting the safe use and operation of the facility.

4. Inspection of quality of the aeronautical facility serving the maintenance work according to Clause 5 Article 33 of the Decree No. 06/2021/NĐ-CP.

5. Monitoring of the aeronautical facility according to Article 14 of this Circular.

6. Assessment of safety of the aeronautical facility according to Article 16 of this Circular.

7. Other tasks.

Article 10. Contents of management of aeronautical facilities

1. Carrying out periodic and irregular inspections of technical condition after a disaster or other unexpected impacts to promptly detect damage and violations against regulations on assurance of safety of facilities, take actions against such violations or request a competent authority to do so as prescribed.

2. Monitoring the flow of persons and vehicle, aggregate and analyze data in the form of a report; graphic table.

3. Documenting hazardous locations of aeronautical facilities and obstacles, and tracking the handling results.

4. Organizing disaster management and handling incidents happening to facilities.

5. Updating data on aeronautical facilities.

6. Submitting regular and irregular reports as prescribed.

Article 11. Application of standards, regulations and norms to management and maintenance of aeronautical facilities

1. Regarding regular care of aeronautical facilities: apply standards; conform to technical regulations and economic - technical norms promulgated by the competent authority.

2. Regarding periodic and irregular repair of aeronautical facilities: apply regulations of law on investment in and construction of works and relevant regulations of law.

Article 12. Formulation, approval and modification of aeronautical facility maintenance plans

1. Contents of an aeronautical facility maintenance plan includes the following information: name of the aeronautical facility, list, facility items, tasks to be performed; unit; main volume; expected funding for implementation; scope and technical solutions for repair and maintenance; implementation time; method for implementation; priority. Form of the aeronautical facility maintenance plan is provided in the Appendix 02 enclosed herewith.

2. Priority should be given to the following tasks in the aeronautical facility maintenance plan:

a) Tasks given priority include: care; volume of the project carried forward from the previous year to the following year; handling and taking remedial actions against facility incidents; repairing and improving facilities to ensure aviation safety; carrying out periodic repair of aeronautical facilities that have been operated beyond the design time limit in order to restore technical criteria (degree of cracking, roughness index) according to the design standard; developing management and maintenance standards and norms; determining the pavement classification number, pavement condition index and pavement friction coefficient to ensure safe operation and use and other necessary tasks defined in the maintenance plan;

b) Upon preparing a maintenance plan, select a prioritized task to provide funding for implementation.

3. Every owner of or person managing and using aeronautical facilities investor shall prepare an annual aeronautical facility maintenance plan according to the approved maintenance plan and condition of the facilities.

4. Formulate, approve and modify a plan for maintenance of state-invested aeronautical facilities.

a) On an annual basis, according to technical conditions of aeronautical facilities, information about the scale and structure of the facility, facility maintenance history, information and other data, technical standards, maintenance procedures, norms and regulations on priority specified in Clause 2 of this Article, the person assigned to manage, use and operate the state-invested aeronautical facilities shall determine demands for management and maintenance, tasks and list of prioritized projects permitting investment preparation for the next year, and submit them to the CAAV and Ministry of Transport before May 30.

The CAAV shall submit a consolidated report on the demands for management and maintenance, tasks and list of prioritized projects permitting investment preparation to the Ministry of Transport before June 15 every year.

b) Before June 30 every year, the Ministry of Transport shall grant approval for the demands for management and maintenance for the next year; tasks and list of prioritized projects permitting investment preparation specified in the maintenance plan for the next year.

c) According to the tasks and list approved by the Ministry of Transport in Point b of this Clause, the person assigned to manage, use and operate the state-invested aeronautical facilities shall set up, appraise and approve the project or economic - technical report on facility repair, and approve the cost estimate and other necessary tasks before October 31.

d) According to the items approved in Point c of this Clause and necessary additional maintenance and management tasks other than those specified in Point b of this Clause, the person assigned to manage, use and operate the state-invested aeronautical facilities shall submit a consolidated maintenance plan for the next year to the Ministry of Transport before November 15 every year.

dd) Modification of the management and maintenance plan

If necessary to make any modification to the approved maintenance plan, the person assigned to manage, use and operate state-invested aeronautical facilities shall submit the modification to the Ministry of Transport for approval.

e) The management and maintenance demands shall comply with regulations of law on state budget and relevant regulations laid down in this Circular.

Article 13. Implementation of aeronautical facility maintenance plans

1. According to the approved annual aeronautical facility maintenance plan, the owners of or persons managing and using aeronautical facilities shall organize implementation of the aeronautical facility maintenance plan; take legal responsibility for quality of maintained aeronautical facilities.

2. For state-invested aeronautical facilities

a) According to the annual maintenance plan approved by the Ministry of Transport, the organization or individual authorized or assigned by the owner or the person assigned to manage, use and operate aeronautical facilities shall organize implementation of the plan as prescribed;

b) The persons assigned to manage, use and operate the state-invested aeronautical facilities shall handle incidents or carry out unexpected repair of the aeronautical facilities as prescribed by law and report the result to the Ministry of Transport or CAAV after completion.

Article 14. Monitoring of aeronautical facilities

1. Aeronautical facilities and their parts which are not required to be monitored during their operation and use as prescribed in Clause 6 Article 33 of the Decree No. 06/2021/NĐ-CP include:

a) Passenger terminals, cargo terminals, hangars, cargo warehouses, other long-span structures and facilities serving air navigation;

b) Runways, taxiways, aprons;

c) Aeronautical facilities and their parts which may be collapsed or threaten safety during their operation and use due to subsidence, cracking, tilt and other abnormalities during their operation and use.

d) At the request of investors, owners or persons managing and using the aeronautical facilities.

2. Contents of monitoring of the facilities specified in Clause 1 of this Article are mentioned in the aeronautical facilities, including monitoring locations, monitoring parameters and limit values of these parameters (tilting deformation, subsidence, cracking, displacement, sagging, etc.); monitoring time, number of monitoring cycles and other necessary contents.

3. General requirements for monitoring of aeronautical facilities during their operation and use:

a) The monitoring contractor shall prepare a monitoring plan in accordance with the contents specified in Clause 2 of this Article which provides for measuring methods, measuring equipment, layout and structure of monitoring marks, organization of monitoring, method of processing measuring data and other necessary contents, and submit it to the owner of or person managing and using the aeronautical facilities for approval.

b) The monitoring contractor must carry out monitoring according to the approved monitoring plan and report the person responsible for maintenance and monitoring results. Monitoring data must be assessed and compared with the limit values prescribed by the construction design contractor or technical regulation/standard applied.

If the monitoring data in Clause 2 of this Article exceeds the permissible limit values or another abnormality is available, the person responsible for maintenance must assess safety of aeronautical facilities during their operation and use, and take remedial actions.

4. The person assigned to manage, use and operate state-invested aeronautical facilities shall inspect and propose monitoring of the aeronautical facilities and their parts which such person is assigned to manage, use and operate during operation and use to include them in the aeronautical facility maintenance plan.

Article 15. Management of quality of aeronautical facility maintenance tasks

1. Every owner of or person managing and using aeronautical facilities shall manage quality of facility maintenance tasks as prescribed in Article 34 of the Decree No. 06/2021/NĐ-CP and other relevant regulations of law.

2. Quality of maintenance of aeronautical facilities invested in the form of public-private partnership shall be managed under Clause 1 of this Article and the following regulations:

a) The delegation of responsibility of a competent authority for signing a public-private partnership project contract and of a project enterprise for management of maintenance quality shall comply with regulations of this Circular and regulations of the project contracts.

b) The competent authority signing public-private partnership project contracts shall inspect the maintenance work by the project enterprise to ensure quality as prescribed by law; if a violation against regulations on quality, technical regulation or approved facility maintenance procedure is found, impose a penalty therefor in accordance with regulations of law on construction and project contract.

3. The period of aeronautical facility repair warranty shall comply with regulations of law on quality management, construction and maintenance of construction works.

4. If the aeronautical facility requires monitoring or quality inspection, the regulations laid down in Clause 6 Article 34 of the Decree No. 06/2021/NĐ-CP and regulations of this Circular shall be complied with.

Article 16. Assessment of safety of aeronautical facilities

1. During their operation and use, the following aeronautical facilities of special class and class I must undergo periodic assessment of their safety:

a) Passenger terminals;

b) Runways, taxiways, aprons: determine the pavement classification number, pavement condition index, pavement friction coefficient and other tasks according to the maintenance procedure.

c) Air traffic control towers; area control centers.

2. Procedures for and contents of assessment of aeronautical facility safety are mentioned in Articles 36 and 37 of the Decree No. 06/2021/NĐ-CP.

3. Responsibilities for assessment of aeronautical facility safety are mentioned in Clauses 1 and 2 Article 38 of the Decree No. 06/2021/NĐ-CP.

4. For the state-invested aeronautical facilities, the persons assigned to manage, use and operate the aeronautical facilities shall assess their safety during their operation and use; submit a report on assessment result to the Ministry of Transport or CAAV.

Article 17. Regulations on handling of aeronautical facilities whose useful life could be extended upon expiry

1. Every owner of or person managing and using facilities shall determine useful life of the facilities according to the facility design documentation, technical regulations and standards applied to the facilities.

If the facility design documentation is lost or does not specify the useful life, the person managing and using the facilities shall determine design useful life of the facilities according to the technical regulations and standards applied to the facilities or according to the determined useful life of the similar facilities of the same type and class.

2. The handling of aeronautical facilities whose design useful life expires shall comply with Article 41 of the Decree No. 06/2021/NĐ-CP.

3. For the state-invested aeronautical facilities, the persons assigned to manage, use and operate the facilities shall perform the tasks specified in Article 41 of the Decree No. 06/2021/NĐ-CP; request the Ministry of Transport to consider and giving its opinions on the extension of the useful life.

Article 18. Handling of aeronautical facilities that pose a risk of danger to safety during their operation and use

1. Every owner of or person managing and using aeronautical facilities shall regularly supervise and inspect the aeronautical facilities in order to promptly detect signs of deterioration of or damage to facilities or equipment installed therein, threatening safety upon their operation and use.

2. When discovering any facility item or facility that poses a risk of danger to safety for its operation and use, the owner of or person managing and using the facility shall suspend it and perform the tasks prescribed in Clause 1 Article 40 of the Decree No. 06/2021/NĐ-CP and other relevant regulations of law. In case of failure to promptly take timely remedial actions resulting in loss of life and property, the owner of or person managing and using aeronautical facilities assume responsibility as prescribed by law.

3. For the state-invested aeronautical facilities, the persons assigned to manage, use and operate the aeronautical facilities shall request Ministry of Transport to consider and handle aeronautical facilities that pose a risk of danger to safety during their operation and use.

Article 19. Reporting of management and maintenance of aeronautical facilities

1. Every person managing and using aeronautical facilities who is the owner or organization or individual authorized by the owner to manage, use and operate the aeronautical facilities shall submit to the CAAV a report on implementation of the aeronautical facility maintenance plan every 06 months and every year or on an ad hoc basis at the request of the CAAV as follows:

a) Title of the report: báo cáo tình hình thực hiện kế hoạch bảo trì công trình hàng không (“report on implementation of aeronautical facility maintenance plan”);

b) Contents of the report: contents related to the implementation of the aeronautical facility maintenance plan, which are provided in form in the Appendix 03 enclosed herewith;

c) Report submission and receipt methods: the report is in physical or electronic form and submitted to the receiving authority, whether in person, by post, fax, email or another method prescribed by law;

d) Reporting frequency: every 06 months, every year;

dd) Submission deadline: before July 05 every year for a first-half year report; before December 15 for an annual report; the last 06-month report replaced with an annual report.

e) Data collection period: from January 01 to June 30 of the reporting period for a first-half year report; from December 15 of the previous year of the reporting period to December 14 of the reporting period for an annual report;

g) Report form: using the Form in the Appendix No. 03 enclosed herewith.

2. The CAAV shall submit a consolidated report on implementation of the aeronautical facility maintenance plan to the Ministry of Transport every 06 months and every year or on an ad hoc basis at the request of the Ministry of Transport as follows:

a) Title of the report: báo cáo tình hình thực hiện kế hoạch bảo trì công trình hàng không (“report on implementation of aeronautical facility maintenance plan”);

b) Contents of the report: contents related to the implementation of the aeronautical facility maintenance plan, which are provided in form in the Appendix 04 enclosed herewith;

c) Report submission and receipt methods: the report is in physical or electronic form and submitted to the receiving authority, whether in person, by post, fax, email or another method prescribed by law;

d) Reporting frequency: every 06 months, every year;

dd) Submission deadline: before July 10 every year for a first-half year report; before December 20 for an annual report; the last 06-month report replaced with an annual report.

e) Data collection period: from January 01 to June 30 of the reporting period for a first-half year report; from December 15 of the previous year of the reporting period to December 14 of the reporting period for an annual report;

g) Report form: using the Form in the Appendix No. 04 enclosed herewith.

3. For the state-invested aeronautical facilities: every person assigned to manage, use and operate the facilities shall submit to the CAAV a report on implementation of the aeronautical facility maintenance plan every 06 months, every year or on an ad hoc basis at the request of the CAAV as prescribed in Clause 1 of this Article, and to the Ministry of Transport the implementation of the aeronautical facility maintenance plan every 06 months, every year or on an ad hoc basis at the request of the Ministry of Transport.

The CAAV shall submit a consolidated report on implementation of the aeronautical facility maintenance plan to the Ministry of Transport every 06 months and every year or on an ad hoc basis at the request of the Ministry of Transport as prescribed in Clause 2 of this Article.

Article 20. Responsibility for management and maintenance of aeronautical facilities

1. Responsibility of the Ministry of Transport

The Ministry of Transport shall carry out periodic and irregular inspections of the implementation of aeronautical facility maintenance plans as prescribed.

2. Responsibility of the CAAV

a) Inspect and instruct persons assigned to manage, use and operate aeronautical facilities to carry out maintenance of the state-invested aeronautical facilities according to the assigned maintenance plan to ensure safe operation and smooth air traffic; satisfy the regulations laid down in the maintenance procedures, operation procedures, technical standards and regulations and assigned maintenance plans;

b) Inspect, supervise and take actions against organizations and individuals violating regulations on management and maintenance of aeronautical facilities or request a competent authority to do so;

c) Perform the tasks within jurisdiction of specialized aviation authorities in relation to management and maintenance of aeronautical facilities as prescribed by law.

3. Persons assigned to manage, use and operate state-invested aeronautical facilities have the responsibility to:

a) Organize the management, operation and maintenance of the aeronautical facilities which they are assigned to manage to ensure safe operation and smooth air traffic in accordance with regulations of this Circular and relevant regulations of law;

b) Organize the implementation of the assigned maintenance plans as prescribed;

c) Facilitate the inspections by competent authorities of the assumption of their responsibility for management, operation and maintenance of aeronautical facilities;

d) Take actions against organizations and individuals violating regulations on management, operation, use and maintenance of aeronautical facilities or request a competent authority to do so;

e) Report and enter data to the database of aviation infrastructure assets as prescribed in Article 25 of the Decree No. 44/2018/NĐ-CP.

4. Owners of or persons managing and using the aeronautical facilities self-invested and managed have the responsibility to:

a) Organize the management, operation and maintenance of the aeronautical facilities which they manage to ensure safe operation and smooth air traffic as prescribed;

b) Facilitate the inspections by competent authorities of the assumption of their responsibility for management, operation and maintenance of aeronautical facilities;

c) Take legal responsibility for incidents or deterioration of facilities due to their failure to maintain facilities as prescribed.

5. For the aeronautical facilities invested in the form of public-private partnership, the investor or project enterprise shall maintain the facilities during the period of operation under the project contract. Upon expiry of the operation period according to the project or when the project enterprise is requested to suspend operation of the facility before the expiry of the operation period, the person assigned receive aeronautical facilities from the investor or project enterprise shall continue to maintain the aeronautical facilities.

6. The organizations or individuals that are transferees in a fixed-term contract for transfer or lease of the rights of operation and commercial operation of the aeronautical facilities shall manage aviation infrastructure and maintain aeronautical facilities under contracts; take legal responsibility of incidents or deterioration of facilities as prescribed.

An owner, upon leasing out to or assigning an organization or individual to manage and use an aeronautical facility, shall reach an agreement on the responsibility for maintaining the aeronautical facility under the contract for leasing out or assigning organization/individual to manage, operate and use the aeronautical facility.

7. The owners of and persons assigned to manage, use and operate aeronautical facilities shall provide funding for maintenance of the aeronautical facilities.

Chapter III

IMPLEMENTATION CLAUSE

Article 21. Effect

This Circular comes into force from January 15, 2022 and supersedes the Circular No. 48/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport.

Article 22. Implementation

1. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors General, the Director General of the Civil Aviation Authority of Vietnam, heads of authorities and individuals concerned are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Transport for consideration and resolution./.